Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64979 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== DHANANJAY KUMAR Son of Sheopujan Das Resident of Village - Patpariya, P.S.- Motihari Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Muffasil P.S. Case No. 379 of 2018, registered for the offences punishable under Section 363, 366 (A)/34 of the Indian Penal Code.

As per F.I.R. there is allegation against the petitioner and other co-accused is that they kidnapped the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the matter has been compromised between the parties and petitioner is ready to abide by any condition imposed on him. On the other hand, learned A.P.P. has opposed the prayer of bail on the ground that the victim girl has also supported the prosecution case in her statement recorded under

Patna High Court CR. MISC. No.64979 of 2019(2) dt.18-10-2019 2/2 Section 164 Cr.P.C. and the impugned order also shows that there is allegation against the petitioner of committing rape with the victim girl.

Having heard both sides, in view of the allegation and statement of victim recorded under Section 164 Cr.P.C. as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record without being prejudice by this order and pass an order in accordance with law. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T